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2026 DAILYLAW 11326 (GAU)

M/S URMILA INTERNATIONAL SERVICE PRIVATE LIMITED-PATNA, GUWAHATI BRANCH AND 8 ORS. v. THE UNION OF INDIA AND 13 ORS.

WP(C)/6199/2025 · 2026-07-26

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/10 GAHC010231532025 2026:GAU-AS:10280 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6199/2025 M/S URMILA INTERNATIONAL SERVICE PRIVATE LIMITED-PATNA, GUWAHATI BRANCH AND 8 ORS. REPRESENTED BY AUTHORISED SIGNATORY MR. PALLAV SHARMA, AGED ABOUT 37 YEARS, SON OF LATE BINODH KR. SHARMA, OFFICE ADDRESS- 1ST FLOOR, DWARKA CENTRE, SANIRAM BORA ROAD, SOUTH SARANIA, LACHIT NAGAR, DIST- KAMRUP (M), GUWAHATI-781007, ASSAM, INDIA 2: MRINAL JYOTI SHARMA SON OF DANDI RAM SAHARIA ANOTHER AUTHORISED SIGNATORY OF M/S URMILA INTERNATIONAL SERVICE PRIVATE LIMITED-PATNA GUWAHATI BRANCH 1ST FLOOR DWARKA CENTRE SANIRAM BORA ROAD SOUTH SARANIA LACHIT NAGAR DIST- KAMRUP (M) GUWAHATI-781007 ASSAM INDIA 3: BISWAJEET DEKA (BUSINESS PARTNER OF THE COMPANY IN GUWAHATI BRANCH) PROPRIETOR OF BHABANI OIL SERVICE (K.S.K) 1ST FLOOR DWARKA CENTRE SANIRAM BORA ROAD SOUTH SARANIA LACHIT NAGAR DIST- KAMRUP (M) GUWAHATI-781007 ASSAM Page No.# 2/10 INDIA 4: VICKY BASFORE (OFFICE BEARER CUM PEON) SON OF DHAN BASFOR 1ST FLOOR DWARKA CENTRE SANIRAM BORA ROAD SOUTH SARANIA LACHIT NAGAR DIST- KAMRUP (M) GUWAHATI-781007 ASSAM INDIA 5: MIDUL ALI (LABOUR) SON OF MAJIB ALI 1ST FLOOR DWARKA CENTRE SANIRAM BORA ROAD SOUTH SARANIA LACHIT NAGAR DIST- KAMRUP (M) GUWAHATI-781007 ASSAM INDIA 6: TRIDIP HAZARIKA (STORE KEEPER) SON OF LATE BABUL HAZARIKA 1ST FLOOR DWARKA CENTRE SANIRAM BORA ROAD SOUTH SARANIA LACHIT NAGAR DIST- KAMRUP (M) GUWAHATI-781007 ASSAM INDIA 7: SMTI. KRISHNA LAHKAR (LABOUR) DAUGHTER OF JANAK LAHKAR 1ST FLOOR DWARKA CENTRE SANIRAM BORA ROAD SOUTH SARANIA Page No.# 3/10 LACHIT NAGAR DIST- KAMRUP (M) GUWAHATI-781007 ASSAM INDIA 8: JESMIN BEGUM (STAFF) DAUGHTER OF MD. MAKSHED ALI 1ST FLOOR DWARKA CENTRE SANIRAM BORA ROAD SOUTH SARANIA LACHIT NAGAR DIST- KAMRUP (M) GUWAHATI-781007 ASSAM INDIA 9: SMTI. ANIMA BEGUM (OFFICE STAFF) WIFE OF MRIDUL ALI 1ST FLOOR DWARKA CENTRE SANIRAM BORA ROAD SOUTH SARANIA LACHIT NAGAR DIST- KAMRUP (M) GUWAHATI-781007 ASSAM INDI VERSUS THE UNION OF INDIA AND 13 ORS. REPRESENTED BY THE JOINT SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, CYBER AND INFORMATION SECURITY (C AND IS) DIVISION, NORTH BLOCK, NEW DELHI-110001 2:THE CHIEF EXECUTIVE OFFICER (CEO) INDIAN CYBERCRIME COORDINATION CENTRE (I4C) MINISTRY OF HOME AFFAIRS 5TH FLOOR NDCC-II BUILDING JAI SINGH ROAD NEW DELHI-110001 3:THE NODAL CYBER CELL OFFICER Page No.# 4/10 ASSAM C/O OFFICE OF THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI KAMRUP (M) GUWAHATI ASSAM INDIA 4:THE NODAL CYBER CELL OFFICER UTTAR PRADESH C/O OFFICE OF THE HONORABLE DIRECTOR GENERAL OF POLICE UTTAR PRADESH POLICE HEADQUARTERS 9TH FLOOR TOWER 2 GOMTI NAGAR EXT. SHAHID PATH LUCKNOW UTTAR PRADESH INDIA 5:THE BRANCH MANAGER STATE BANK OF INDIA GANESHGURI TRADERS BRANCH OJAH COMPLEX FIRST FLOOR R. P. ROAD GANESHGURI DISPUR KAMRUP (M) GUWAHATI-06 ASSAM 6:THE BRANCH MANAGER HDFC BANK G.S. ROAD NO. 126 NEAR RAJIV BHAWAN BHANGAGARH KAMRUP (M) GUWAHATI-05 ASSAM 7:THE BRANCH MANAGER BANK OF BARODA FIRST FLOOR B.K. TOWER Page No.# 5/10 DR R.P. ROAD DISPUR GANESHGURI KAMRUP (M) GUWAHATI-06 ASSAM 8:THE STATE BANK OF INDIA CHENIKUTHI BRANCH M C ROAD BARUWARI KAMRUP (M) GUWAHATI ASSAM 9:THE BRANCH MANAGER KARNATAKA BANK DISPUR BRANCH GROUND FLOOR MANIK TOWER BELTOLA ROAD RUKMINI GAON DISPUR LAST GATE DISPUR GUWAHATI-28 ASSAM 10:THE BRANCH MANAGER PUNJAB AND SIND BANK UZAN BAZAR BRANCH LATASIL UZAN BAZAR KAMRUP (M) GUWAHATI-1 ASSAM 11:THE BRANCH MANAGER IDBI BANK SIX MILE BRANCH VIP ROAD VIP MARKET SIX MILE GUWAHATI-22 KAMRUP (M) ASSAM 12:MOHD. ASAD MOIN SON OF MOINUDDIN Page No.# 6/10 368 RAIL BAZAR KANPUR U.P.-208004 13:MOINUDDDIN FATHER OF MOHD. ASAD MOIN 368 RAIL BAZAR KANPUR U.P.-208004 14:VINAY PANDEY SON OF KANHAIYA LAL PANDEY 1128 BHAVANI NAGAR DAHELI SUJANPU BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Advocate for the petitioner (s) : Mr. P. Boiragi, Advocate Advocate for the respondent (s): Mr. K. Gogoi, CGC Mr. N. Das, Govt. Advocate Mr. M. Smith, Advocate Mr. Z. Islam, Advocate Mr. K. Mira, Advocate Date on which judgment is reserved : NA Date of pronouncement of judgment : 27.07.2026 Whether the pronouncement is of the Operative part of the judgment? : Yes Whether the full judgment has been Pronounced? : No. Page No.# 7/10 JUDGMENT AND ORDER (ORAL) Heard Mr. P. Boiragi, the learned counsel appearing on behalf of the Petitioners. Mr. K. Gogoi, the learned CGC appears on behalf of the Respondent Nos.1 & 2; Mr. N. Das, the learned Government Advocate appears on behalf of the Respondent No.3; Mr. M. Smith, the learned counsel appears on behalf of the Respondent No.6; Mr. Z. Islam, the learned counsel appears on behalf of the Respondent No.7 and Mr. K. Mira, the learned counsel appears on behalf of the Respondent Nos.12,13 & 14. 2. The present proceedings have been initiated by the Petitioners being aggrieved by the freezing of their Bank Accounts by the concerned Banks who have been arrayed as Respondent Nos.5 to 11 on account of instructions received from the Respondent Nos.3 and 4. 3. This Court also takes note that a complaint was been filed by the Petitioner No.1 before the Chief Judicial Magistrate, Kamrup (Metro) at Guwahati which has been registered as CR Case No.515c/2025 wherein the Respondent Nos.12 to 14 have been arrayed as accused. It has been informed to this Court that the said proceedings are presently pending before the Judicial Page No.# 8/10 Magistrate, First Class, Kamrup (Metro) at Guwahati. 4. The grievances of the Petitioners, and more particularly, the Petitioner No.1 herein is that the Respondent No.12 was employed by the Petitioner No.1 as a Project Manager, and during the period, certain frauds were committed by the Respondent No.12. The Respondent No.12 thereupon came up before the Petitioner No.1 and submitted that he would like to make payment of all the amounts which were defrauded and also submitted a resignation letter as well as a self declaration. In pursuance to that, certain amounts were transferred to the Petitioner No.1 Bank Account and certain amounts were paid in cash. It is the further case of the Petitioners that after making payment, the Respondent No.12 filed complaints before the Respondent Nos.3 and 4. Resultantly the Petitioners Bank Accounts have been frozen to the extent of Rs.16,80,950/-. It is under such circumstances, the present petition has been filed. 5. This Court has given an anxious consideration to the materials on record and it is the opinion of this Court that the dispute of the present kind is required to be taken note of by the Grievance Redressal Mechanism so set up by the Ministry of Home, Government of Assam in terms with the Standard Operating Procedure (SOP) for NCRP-CFCFRMS, Custody, Restoration of Money and Grievance Redressal dated 02.01.2026. Page No.# 9/10 Further to that, the proceedings are presently pending before the Judicial Magistrate, First Class, Kamrup (Metro) at Guwahati being CR Case No.515c/2025 and the dispute of the present nature can also be duly addressed. 6. This Court while exercising the jurisdiction under Article 226 of the Constitution cannot enquire into the veracity of the allegations so made by the Respondent No.12 in the various complaints as well as the authenticity of the resignation letter and the self declaration so made by the Respondent No.12. It is the opinion of this Court that the Petitioners would be well advised to approach the Grievances Redressal Cell in terms with the SOP dated 02.01.2026, if so advised. 7. It is the further opinion of this Court that if the Petitioners approach the Grievance Redressal Mechanism through the Home Branch of the Petitioners respective Banks, the respective Bankers of the Petitioners who are parties to the present proceedings shall act in terms with the SOP dated 02.01.2026. This Court further directs that the grievances of the Petitioners be disposed off within the timelines mentioned in the SOP dated 02.01.2026. 8. This Court further observes and directs that if the Petitioners grievances remain unredressed, the Petitioners would be at Page No.# 10/10 liberty to approach the appropriate forum. 9. With the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant Pradip Kumar Kalita Digitally signed by Pradip Kumar Kalita Date: 2026.07.29 13:34:09 +05'30'